16 USC 1881a: Statistical information in fishery management plans.

About This Project

This project uses data compiled by the Sunshine in
Government initiative, a coalition of journalism and transparency groups. SGI compiled data
from federal agency annual FOIA reports to
track how often b(3) exemptions were used. SGI also standardized the exemptions
since some agencies used slightly different citations of the same laws. In some
cases, agencies listed general laws without specifying a section under which
information was withheld. This project does not include information from agencies
that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V--FISHERY MONITORING AND RESEARCH

Sec. 1881a. Information collection
(a) Collection programs
(1) Council requests
If a Council determines that additional information would be
beneficial for developing, implementing, or revising a fishery
management plan or for determining whether a fishery is in need of
management, the Council may request that the Secretary implement an
information collection program for the fishery which would provide
the types of information specified by the Council. The Secretary
shall undertake such an information collection program if he
determines that the need is justified, and shall promulgate
regulations to implement the program within 60 days after such
determination is made. If the Secretary determines that the need for
an information collection program is not justified, the Secretary
shall inform the Council of the reasons for such determination in
writing. The determinations of the Secretary under this paragraph
regarding a Council request shall be made within a reasonable period
of time after receipt of that request.
(2) Secretarial initiation
If the Secretary determines that additional information is
necessary for developing, implementing, revising, or monitoring a
fishery management plan, or for determining whether a fishery is in
need of management, the Secretary may, by regulation, implement an
information collection or observer program requiring submission of
such additional information for the fishery.
(b) Confidentiality of information
(1) Any information submitted to the Secretary, a State fishery
management agency, or a marine fisheries commission by any person in
compliance with the requirements of this chapter shall be confidential
and shall not be disclosed except--
(A) to Federal employees and Council employees who are
responsible for fishery management plan development, monitoring, or
enforcement;
(B) to State or Marine Fisheries Commission employees as
necessary to further the Department's mission, subject to a
confidentiality agreement that prohibits public disclosure of the
identity of business of any person;
(C) to State employees who are responsible for fishery
management plan enforcement, if the States employing those employees
have entered into a fishery enforcement agreement with the Secretary
and the agreement is in effect;
(D) when required by court order;
(E) when such information is used by State, Council, or Marine
Fisheries Commission employees to verify catch under a limited
access program, but only to the extent that such use is consistent
with subparagraph (B);
(F) when the Secretary has obtained written authorization from
the person submitting such information to release such information
to persons for reasons not otherwise provided for in this
subsection, and such release does not violate other requirements of
this chapter;
(G) when such information is required to be submitted to the
Secretary for any determination under a limited access program; or
(H) in support of homeland and national security activities,
including the Coast Guard's homeland security missions as defined in
section 468(a)(2) of title 6.
(2) Any observer information shall be confidential and shall not be
disclosed, except in accordance with the requirements of subparagraphs
(A) through (H) of paragraph (1), or--
(A) as authorized by a fishery management plan or regulations
under the authority of the North Pacific Council to allow disclosure
to the public of weekly summary bycatch information identified by
vessel or for haul-specific bycatch information without vessel
identification;
(B) when such information is necessary in proceedings to
adjudicate observer certifications; or
(C) as authorized by any regulations issued under paragraph (3)
allowing the collection of observer information, pursuant to a
confidentiality agreement between the observers, observer employers,
and the Secretary prohibiting disclosure of the information by the
observers or observer employers, in order--
(i) to allow the sharing of observer information among
observers and between observers and observer employers as
necessary to train and prepare observers for deployments on
specific vessels; or
(ii) to validate the accuracy of the observer information
collected.
(3) The Secretary shall, by regulation, prescribe such procedures as
may be necessary to preserve the confidentiality of information
submitted in compliance with any requirement or regulation under this
chapter, except that the Secretary may release or make public any such
information in any aggregate or summary form which does not directly or
indirectly disclose the identity or business of any person who submits
such information. Nothing in this subsection shall be interpreted or
construed to prevent the use for conservation and management purposes by
the Secretary, or with the approval of the Secretary, the Council, of
any information submitted in compliance with any requirement or
regulation under this chapter or the use, release, or publication of
bycatch information pursuant to paragraph (2)(A).
(c) Restriction on use of certain information
(1) The Secretary shall promulgate regulations to restrict the use,
in civil enforcement or criminal proceedings under this chapter, the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the
Endangered Species Act (16 U.S.C. 1531 et seq.), of information
collected by voluntary fishery data collectors, including sea samplers,
while aboard any vessel for conservation and management purposes if the
presence of such a fishery data collector aboard is not required by any
of such chapter or Acts or regulations thereunder.
(2) The Secretary may not require the submission of a Federal or
State income tax return or statement as a prerequisite for issuance of a
permit until such time as the Secretary has promulgated regulations to
ensure the confidentiality of information contained in such return or
statement, to limit the information submitted to that necessary to
achieve a demonstrated conservation and management purpose, and to
provide appropriate penalties for violation of such regulations.
(d) Contracting authority
Notwithstanding any other provision of law, the Secretary may
provide a grant, contract, or other financial assistance on a sole-
source basis to a State, Council, or Marine Fisheries Commission for the
purpose of carrying out information collection or other programs if--
(1) the recipient of such a grant, contract, or other financial
assistance is specified by statute to be, or has customarily been,
such State, Council, or Marine Fisheries Commission; or
(2) the Secretary has entered into a cooperative agreement with
such State, Council, or Marine Fisheries Commission.
(e) Resource assessments
(1) The Secretary may use the private sector to provide vessels,
equipment, and services necessary to survey the fishery resources of the
United States when the arrangement will yield statistically reliable
results.
(2) The Secretary, in consultation with the appropriate Council and
the fishing industry--
(A) may structure competitive solicitations under paragraph (1)
so as to compensate a contractor for a fishery resources survey by
allowing the contractor to retain for sale fish harvested during the
survey voyage;
(B) in the case of a survey during which the quantity or quality
of fish harvested is not ex
pected to be adequately compensatory, may structure those
solicitations so as to provide that compensation by permitting the
contractor to harvest on a subsequent voyage and retain for sale a
portion of the allowable catch of the surveyed fishery; and
(C) may permit fish harvested during such survey to count toward
a vessel's catch history under a fishery management plan if such
survey was conducted in a manner that precluded a vessel's
participation in a fishery that counted under the plan for purposes
of determining catch history.
(3) The Secretary shall undertake efforts to expand annual fishery
resource assessments in all regions of the Nation.
(Pub. L. 94-265, title IV, Sec. 402, as added Pub. L. 104-297, title II,
Sec. 203, Oct. 11, 1996, 110 Stat. 3607; amended Pub. L. 109-479,
Sec. 3(d)(1)(A), title II, Secs. 202, 203(a), Jan. 12, 2007, 120
Stat. 3578, 3612, 3613.)
References in Text
This chapter, referred to in subsecs. (b)(1), (3) and (c)(1), was in
the original ``this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended, known as the Magnuson-Stevens Fishery
Conservation and Management Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1801 of this title and Tables.
The Marine Mammal Protection Act of 1972, referred to in subsec.
(c)(1), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended,
which is classified generally to chapter 31 (Sec. 1361 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1361 of this title and Tables.
The Endangered Species Act, referred to in subsec. (c)(1), probably
means the Endangered Species Act of 1973, Pub. L. 93-205, Dec. 28, 1973,
87 Stat. 884, as amended, which is classified generally to chapter 35
(Sec. 1531 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1531 of this
title and Tables.
Prior Provisions
A prior section 402 of Pub. L. 94-265 repealed former sections 1081
to 1086 and 1091 to 1094 of this title, prior to being amended generally
by Pub. L. 104-297.
Amendments
2007--Subsec. (a). Pub. L. 109-479, Sec. 202, substituted
``Collection programs'' for ``Council requests'' in heading, designated
existing provisions as par. (1), inserted heading, realigned margins, in
first sentence, struck out ``(other than information that would disclose
proprietary or confidential commercial or financial information
regarding fishing operations or fish processing operations)'' after
``additional information'' and ``types of information'', in last
sentence, substituted ``paragraph'' for ``subsection'', and added par.
(2).
Subsec. (b). Pub. L. 109-479, Sec. 203(a)(1), (2), added pars. (1)
and (2), redesignated former par. (2) as (3) and realigned margins, and
struck out former par. (1) which related to confidentiality of
information submitted to the Secretary and exceptions.
Subsec. (b)(1)(D). Pub. L. 109-479, Sec. 3(d)(1)(A), substituted ``a
limited access privilege'' for ``an individual fishing quota''.
Subsec. (b)(3). Pub. L. 109-479, Sec. 203(a)(3), substituted
``(2)(A).'' for ``(1)(E).''